Texas Register

TITLE 22 EXAMINING BOARDS
PART 23TEXAS REAL ESTATE COMMISSION
CHAPTER 535GENERAL PROVISIONS
SUBCHAPTER ILICENSES
RULE §535.92Renewal. Time for Filing; Satisfaction of Mandatory Continuing Education Requirements
ISSUE 06/25/2004
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

(b)If an application is filed within one year after the expiration of an existing license, the commission may issue the new license prior to completing the investigation of any complaint pending against the applicant or of any matter revealed by the application. The commission may thereafter initiate an action to suspend or revoke the license after notice and hearing in accordance with the Administrative Procedure Act, Texas Government Code, Chapter 2001 [Texas Civil Statutes, Article 6573a, (the Act, §17) ].

(c)(No change.)

(d)A [If the commission develops a system whereby licenses may be renewed electronically, a] licensee [also ] may renew an unexpired license by accessing the commission's Internet web site, entering the required information on the renewal application form, satisfying applicable education requirements and paying the appropriate fee in accordance with the instructions provided at the site by the commission.

(e) - (f)(No change.)

(g)[A real estate licensee may not receive MCE credit for a license renewal unless the licensee attends all of the MCE course.] Credit will not be given for attendance of the same course more than once during the term of the current license or during the two-year period preceding the filing of an application for late renewal or return to active status. Each licensee attending all sessions of a course shall sign the course completion roster, MCE Form 8-4 [3] and provide the information required for each licensee on the form. A real estate licensee may receive partial credit for partial attendance at an MCE elective credit course if the provider permits partial credit and the provider and student verify attendance on the Individual MCE Partial Credit Request Form. A false statement to the commission concerning attendance at an MCE course will be deemed a violation of the Act[, §15(a)(2)] and of this section.

(h)A course taken by a Texas licensee to satisfy continuing education requirements of another state may be approved on an individual basis for MCE elective credit in this state upon the commission's determination that:

  (1) - (4)(No change.)

  (5)the Texas licensee has filed MCE Form 10-2 [ 0], MCE Credit Request for an Out of State Course Credit Request, with the commission.

(i)If a Texas licensee residing in another state takes a course that meets the requirements of §535.92(h) that course may be approved on an individual basis to satisfy MCE elective credit in this state.

(j) [(i)] To request MCE elective credit for real estate related courses approved by the State Bar of Texas for minimum continuing legal education participatory credit, a licensee shall [either] file MCE Form 12-2 [1], Individual MCE Credit Request for State Bar Course [or sign MCE Form 12A-0, Provider MCE Credit Request for State Bar Course, which may be filed by the course provider with the commission.]

(k) [(j)] Real estate licensees may receive MCE elective credit for core real estate courses or core real estate inspection courses that have been approved by TREC or that are accepted by TREC for satisfying educational requirements for obtaining or renewing a license. Core real estate courses must be at least 30 classroom hours in length to be accepted for MCE elective credit.

(l)A course taken by a licensee to obtain any of the following professional designations, or any other real estate related professional designation course deemed worthy by the commission, may be approved on an individual basis for MCE elective credit if the licensee files for credit for the course using MCE Form 15-0 Individual MCE Elective Credit Request for Professional Designation Course and provides the Commission with a copy of the course completion certificate.

  (1)ABR - Accredited Buyer Representative

  (2)CRE - Counselor in Real Estate

  (3)CPM - Certified Property Manager

  (4)CCIM - Certified Commercial-Investment Member

  (5)CRB - Certified Residential Broker

  (6)CRS - Certified Residential Specialist

  (7)GRI - Graduate, Realtor Institute

  (8)IREM - Institute of Real Estate Management

  (9)SIOR - Society of Industrial and Office Realtors.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 9, 2004

TRD-200403790

Loretta DeHay

General Counsel

Texas Real Estate Commission

Earliest possible date of adoption: July 25, 2004

For further information, please call: (512) 465-3900



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